Employees forged Severance Agreement to the company by the court found high claims
according to the "Labor News" reported that three employees from the departure of a logistics company, with a Severance Agreement filed a labor arbitration, require the company outstanding performance award, overtime amounting to tens of million yuan to one hundred thousand yuan. Qingpu court judge in the trial of the case found that the doubts, the final three was to forge evidence. The day before, Qingpu court decided to punish 6000 to 15000 yuan fine for three people.
arbitration award compensation 510 thousand
Zheng, Zhang, Ma has entered the work of a logistics company employees, they said the company to pay compensation is the basic salary and performance award, 70% and 30%, respectively. The same year the beginning of the end of October, Jeong three people have quit, they with the wage differentials, overtime pay and other aspects of the dispute. Zheng in July 2014 to apply for arbitration to the labor arbitration commission, requiring the company to pay the difference in wages, rest day overtime wages and labor contracts to lift economic compensation totaling more than 51 yuan. Arbitration award company to pay wages and the difference between the rest of the day to pay more than 22 yuan. In this regard, the two sides are not satisfied, the final court.
Jeong provides an agreement on the resignation of the company’s seal on leave, supply wage differentials, performance awards, overtime, economic compensation and other matters of the agreement. In this regard, the company raised objections, said it had never signed any agreement that the agreement is false, but can not provide the evidence.
coincidentally, the court’s acceptance of Zheng, Zhang, Ma three people filed a labor litigation provides a "agreement", the content is almost the same, the turnover, the company promises to pay the money list. Contractors in the detailed scoring, study the case, found that the agreement has a lot of doubt. For example, the company promises to pay economic compensation, no need to pay the salary has been made, and the company is not in the text or chapter stamped dated so perverse.
seal is true agreement is false
clear doubts, judge communication and identification, identification of people also said, according to the years of work experience, the "agreement" questionable, although the official seal is true, the actual date can not draw definitive conclusions, but the possibility of "agreement" fake great. In the subsequent conversation, a plaintiff admitted that the agreement is the three people to develop their own, get the company to find internal staff to steal the official seal.
the judge, in the trial practice, sometimes to help prove their claims in order to gain interests through false evidence. This kind of behavior has greatly affected the identification of the facts of the case and damaged the legitimate interests of the other party. In this case, for the three party and the use of forged evidence forged agreements and arbitration proceedings, the company to ask for a large amount of money, in accordance with the provisions of the law